A Guide for Workers with Long COVID: What You Should Know
This guide, developed by EARN and the Job Accommodation Network (JAN), provides information and resources to inform and support workers with Long COVID.
Introduction
COVID-19 and the COVID-19 pandemic continue to impact people in many ways. Millions of Americans continue to experience ongoing symptoms and associated conditions known as Long COVID. These symptoms can be severe enough to limit a person’s ability to function, including their ability to work. This publication provides information and resources to inform and support employees with Long COVID, including help understanding their rights and the workplace accommodation process.
What is Long COVID?
Long COVID is an infection-associated chronic condition that occurs after SARS-CoV-2 infection and is present for at least three months as a continuous, relapsing and remitting, or progressive disease state that affects one or more organ systems. Some commonly reported symptoms associated with Long COVID include fatigue, shortness of breath, muscle pain, cough, headache, joint pain, chest pain, an altered sense of smell, diarrhea, and altered taste.
Who is impacted by Long COVID?
An estimated (PDF) 6.9% of adults in the United States have had Long COVID, and about 400,000 workers exited the labor market due to Long COVID. Long COVID symptoms are more prevalent among people with disabilities (10.8%) than among those without disabilities (6.6%). People from certain communities are affected by Long COVID at higher rates, especially those who experience barriers to accessing health care.
Working with Long COVID
If you are a person with Long COVID, you may be protected from discrimination on the basis of disability under federal civil rights law. The type of employer you work for determines whether the Americans with Disabilities Act (ADA) of 1990 or the Rehabilitation Act of 1973 (Rehab Act) applies to you:
- ADA
- Rehab Act
- Section 501 applies to federal agencies.
- Section 503 applies to federal contractors and subcontractors.
What is a reasonable accommodation?
A reasonable accommodation is an adjustment to a job or work environment that makes it possible for a qualified person with a disability to perform their job duties. Accommodations enable a person with a disability to have an equal opportunity not only to get a job but to successfully perform their job tasks to the same extent as people without disabilities.
How do I know whether I have a disability and whether I am entitled to accommodations at work?
Determining whether Long COVID is a disability that requires accommodating is determined on a case-by-case basis and based on the specific situation. According to the Equal Employment Opportunity Commission (EEOC), the ADA does not include an exhaustive list of conditions that meet the definition of disability, but employers should interpret coverage broadly (EEOC, Section N.1.). This means if your limitations substantially limit one of your major life activities, such as walking, breathing, performing manual tasks, caring for oneself, or working, you likely meet the definition of disability.
A person experiencing substantially limiting symptoms of Long COVID may be eligible to receive workplace accommodations from their employer before three months pass and without an official diagnosis. For example, a person experiencing brain fog, fatigue, or shortness of breath that limits their ability to work for periods of time less than three months can request and be entitled to reasonable accommodations in their workplace even though they do not yet meet the clinical definition of Long COVID.
Neither the ADA nor the Rehab Act specify the length of time a condition must last to be substantially limiting, and “temporary” conditions may be covered (EEOC, Question 10). The duration of an impairment is one factor that is relevant in determining whether a person is substantially limited in a major life activity, but not the only one. Conditions that last only for a short period of time are covered if they are substantially limiting. An individualized assessment is necessary to determine whether the effects of a person’s COVID-19 or Long COVID substantially limit a major life activity (EEOC, Section N). Employers can retain employees with Long COVID by providing workplace supports, resources, and accommodations.
How do I ask for an accommodation from my employer?
As an employee, it is your responsibility to let your employer know that an accommodation is needed. The following are suggestions about how you can request and negotiate an accommodation in the workplace:
1. Decide how you are going to make your accommodation request.
You can make your initial accommodation request any way you choose, for example, in a face-to-face meeting, by e-mail, or in a formal letter to your employer. There are no official forms for making a request under the ADA or Rehab Act. However, some employers have forms and may ask you to complete them after your initial request. Even if your employer does not ask you to put your request in writing, some employees find it helpful to have a written record of their request, so they choose to write a formal request letter.
2. Decide who you are going to ask.
You can initially let anyone in management know that you need an accommodation. If a specific person oversees accommodations, your request may be forwarded to that person. If you make a written request and think it might be useful, you can give a copy of your request to more than one person. For example, if you need a schedule change as an accommodation and company policy requires you to go to Human Resources (HR) for any schedule changes, you may have to address your accommodation request to HR. If you have a good relationship with your supervisor, you might choose to also let them know about the request.
3. Explain why you need an accommodation and share your accommodation ideas.
When you make your accommodation request, let your employer know you need it because of a disability. Otherwise, your employer may not know that you are requesting an accommodation under the ADA or Rehab Act. Discuss your limitations and how they are impacting your performance at work. If you know what accommodations you need, let the employer know, and prepare to work with your employer to consider various options.
4. Follow-up as needed.
If you do not receive a response to your request in a reasonable time, you should check with your employer to resolve the delay. If your employer denies your request, you should try to find out why. Check to see if your employer has a process for reconsideration of denials. If so, you may want to request a reconsideration. You also may need to clarify your request, provide additional information or medical documentation, or consider other accommodation options.
5. Monitor the accommodation.
Once an accommodation is in place, it is your responsibility to let the employer know if it does not work and you need a new, updated, or different accommodation.
Do people with Long COVID work successfully with accommodations?
Meet Asher. Asher is a long-haul truck driver with Long COVID who experiences joint pain and the feeling of pins and needles when sitting for extended periods. The employer replaced the conventional truck seat with an ergonomic suspension seat, allowing Asher to customize settings and reduce vibration.
Meet Callie. Callie is a school cook who experiences brain fog due to Long COVID, as well as difficulty thinking and concentrating when trying to remember recipes. Callie’s employer provides a tablet as an accommodation to record recipes and quickly access conversion charts.
Meet Ishaan. Ishaan is a distribution center operations manager who experiences shortness of breath due to postural orthostatic tachycardia syndrome (POTS) resulting from Long COVID. Symptoms worsen with fatigue, as Ishaan often walks around to oversee performance management. As an accommodation, Ishaan’s employer provides a mobility scooter, accessible parking space, and office on the first floor to reduce walking.
Meet Jaye. Jaye is a corporate attorney with anxiety and depression. Symptoms of these conditions increased after Jaye had COVID. Jaye now has Long COVID and also experiences sleep disruption. After working through options with the employer, Jaye works a flexible schedule and teleworks three days a week.